Identity Theft
Identity Theft Attorney – Brett A. Podolsky
Identity theft is a felony under Texas law. It is a type of fraud crime in which one person wrongfully obtains the identity of another person and uses it for financial or personal gain. An individual’s identity consists of personal information such as his name, social security number, birth date, home address and bank or credit card information. The victims of this offense may be living, deceased or under the age of 18.
The following are some common types of identity theft:
- Finding and using a lost or stolen credit card
- Fraudulently filing for bankruptcy under another individual’s name
- Obtaining employment with someone else’s identity and credentials
- Applying for public benefits such as social security or welfare with another’s personal information
The Penalties for a Conviction
If a person is found guilty of stealing someone else’s identity, he may face prison time, exorbitant fines or a permanent Internet ban. Because identity theft is the fastest growing crime in the United States, the federal government has passed legislation that increases punishments for it.
Sentencing for this offense largely depends on the amount of identifying information that the alleged perpetrator had in his possession. A judge may also consider these factors when he plans a defendant’s sentence:
- Does the defendant have any prior felony convictions?
- Was the crime committed against an elderly person?
- Did the defendant obtain the identifying information by injuring the victim?
Defending Against Allegations
If you are facing charges of identity theft in Houston, criminal defense lawyer Brett A. Podolsky will aggressively defend your rights. As an expert in theft crimes, Mr. Podolsky will consider the details in your case to create a defense on your behalf. Some of the defenses for this crime include:
- Mistake of fact
- A lack of intent to harm the plaintiff
- Impaired judgment due to age or mental incapacity
Contact a Houston Identity Theft Laywer
Brett A. Podolsky is a board-certified identity theft attorney in the Houston metro area. He will listen to you and evaluate your case to find the most aggressive solution. Mr. Podolsky will use his years of experience as a criminal defense lawyer to guard your constitutional rights in court.
If you have been accused of any theft crime, contact the Law Office of Brett A. Podolsky today at 713-227-0087 and get a free initial consultation.Â
